|
|
|
|
AN ACT
|
|
relating to court-ordered counseling in certain suits affecting the |
|
parent-child relationship. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 153.010, Family Code, is amended by |
|
amending Subsection (a) and adding Subsections (c) and (d) to read |
|
as follows: |
|
(a) Subject to Subsections (c) and (d), if [If] the court |
|
finds at the time of a hearing that the parties have a history of |
|
conflict in resolving an issue of conservatorship or possession of |
|
or access to the child, the court may order a party to: |
|
(1) participate in counseling with a mental health |
|
professional who: |
|
(A) has a background in family therapy; |
|
(B) has a mental health license that requires as |
|
a minimum a master's degree; and |
|
(C) has training in the dynamics of family |
|
[domestic] violence if the court determines that the training is |
|
relevant to the type of counseling needed; and |
|
(2) pay the cost of counseling. |
|
(c) In determining whether to order a party to participate |
|
in counseling under Subsection (a), the court shall consider |
|
evidence of family violence or sexual abuse in accordance with |
|
Section 153.004. If credible evidence of family violence or sexual |
|
abuse is presented, the court may not order: |
|
(1) counseling in which a victim of the violence or |
|
abuse participates in counseling sessions together with the |
|
perpetrator of the violence or abuse; or |
|
(2) a party who is a victim of the violence or abuse to |
|
pay any of the cost of the counseling. |
|
(d) A court may not order a party to participate in |
|
counseling under Subsection (a) in which the person conducting the |
|
counseling requires: |
|
(1) the isolation of a child who is the subject of the |
|
suit from the child's family, school, religious community, other |
|
community, or other sources of support, including by prohibiting or |
|
preventing the child from contacting a parent or other family |
|
member; |
|
(2) a child who is the subject of the suit to stay |
|
overnight or for multiple days in an out-of-state location or other |
|
location, regardless of whether the child is accompanied by a |
|
parent or other family member; |
|
(3) the transportation of a child who is the subject of |
|
the suit to a location by force, threat of force, undue coercion, or |
|
other action that places the child's safety at risk; |
|
(4) a temporary or permanent change in the periods of |
|
possession of or access to a child who is the subject of the suit to |
|
which a conservator of the child would otherwise be entitled; or |
|
(5) the use of force, threat of force, undue coercion, |
|
or verbal abuse against a child who is the subject of the suit. |
|
SECTION 2. Section 153.010, Family Code, as amended by this |
|
Act, applies to a suit affecting the parent-child relationship that |
|
is pending in a trial court on the effective date of this Act or that |
|
is filed on or after the effective date of this Act. |
|
SECTION 3. The change in law made by this Act to Section |
|
153.010, Family Code, constitutes a material and substantial change |
|
of circumstances sufficient to warrant modification of a court |
|
order or portion of a decree that provides for the possession of or |
|
access to a child rendered before the effective date of this Act. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2025. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 3783 was passed by the House on May 6, |
|
2025, by the following vote: Yeas 143, Nays 0, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 3783 on May 29, 2025, by the following vote: Yeas 128, Nays 7, |
|
1 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 3783 was passed by the Senate, with |
|
amendments, on May 27, 2025, by the following vote: Yeas 31, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |